Property, which is an expression of the individual's authority over an article, has always been a part of the lives of humankind in various forms depending on the location, time and needs over the historical process. At this point, the concept of property constitutes the issue of proprietary right, which is one of the fundamental rights and freedoms, since it is widely interpreted to include intangible goods and claim along with moveable and immoveable property.
Proprietary right is among the fundamental rights and freedoms that constitute the issue of individual application, which has been implemented in our judicial system with the constitutional amendment of 2010 since it has been enacted both on the Article 35 of our Constitution and on the first article of first protocol of the European Convention on Human Rights.
In these 4 years since the individual application has been enacted in 2012, it can be seen that proprietary right is third in the number of infringements following "right to a fair trial" and "personal liberty and security". In our study, proprietary right in Turkey under the light of the Constitutional Court decisions, including the individual application decisions, the outlook of European Court of Human Rights on proprietary right and the historical background of proprietary right, which takes an important place in the individual application efforts of the Constitutional Court. |